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NYPD cop who fatally shot mentally ill bat-wielding Bronx woman was sued twice for abuse of power

Jennifer Danner (2nd from right)  the sister of police-shooting victim Deborah Danner, spoke outside her sister's apartment building  after NYPD Sgt. Hugh Barry shot and killed the 66-year-old woman who was wielding a bat in her building last night.
James Keivom/New York Daily News
Jennifer Danner (2nd from right)  the sister of police-shooting victim Deborah Danner, spoke outside her sister’s apartment building  after NYPD Sgt. Hugh Barry shot and killed the 66-year-old woman who was wielding a bat in her building last night.
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A cop who shot and killed 66-year-old Deborah Danner in the Bronx was twice sued for assaulting four New Yorkers, court records show.

Sgt. Hugh Barry was sued in 2012 by Gregory Peters, and in 2014 by Jessy Ayala, Gabriel Diaz and Luis Pena.

“Barry’s history shows an abuse of authority and a tendency to escalate encounters with civilians rather than de-escalate them,” said Peters’ lawyer Brett Klein.

Peters won a $25,000 settlement stemming from an August 2010 encounter with Barry in which he was doused with pepper spray, and kicked and punched until he was covered with bruises.

Peters had just left the B.B. King Blues Club on W. 42nd St. when he saw a cop push his friend.

Deborah Danner was shot and killed by Sgt. Hugh Barry. The NYPD officer who faced two other lawsuits is described “as someone who did not do a good job of assessing situations and someone who was not exceptionally bright.”

Barry allegedly accused Peters of not clearing the sidewalk quickly enough and began following him, court records show.

Peters said he was then pepper-sprayed and pummeled by Barry and a second officer. He said the pair knocked him down and kicked him in the back and hit him in the right eye.

Peters was taken to the Midtown South precinct, booked on resisting arrest charges, arraigned and released. The case was dismissed after he was not rearrested for six months.

Diaz’s lawyer Ken Montgomery said his client suffered cuts and bruises, and had to have a gash in his head stapled shut, during his June 2011 encounter with Barry.

Jennifer Danner (2nd from right)  the sister of police-shooting victim Deborah Danner, spoke outside her sister's apartment building  after NYPD Sgt. Hugh Barry shot and killed the 66-year-old woman who was wielding a bat in her building last night.
Jennifer Danner (2nd from right) the sister of police-shooting victim Deborah Danner, spoke outside her sister’s apartment building after NYPD Sgt. Hugh Barry shot and killed the 66-year-old woman who was wielding a bat in her building last night.

“Barry struck me as someone who did not do a good job of assessing situations and someone who was not exceptionally bright,” Montgomery said.

Diaz and the other two men had just left a hip-hop show at the Tammany Hall nightclub on the Lower East Side, and he says he was attacked after questioning a cop who pushed him.

Barry then spotted the other officer hitting Diaz with a metal baton and ran over and joined in, Montgomery said.

Ayala and Pena suffered lesser injuries in the melee, and settled their case. The city paid out $10,000 to settle the case, a law enforcement official said.

Diaz’s part of the case went to trial, and a jury ruled the officers were not liable.